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August 26, 2008
The defendant, Yomar Fana, appeals from the judgments of conviction, rendered after a jury trial, of two counts of burglary in the third degree in violation of General Statutes § 53a-103, two counts of conspiracy to commit burglary in the third degree in violation of General Statutes §§ 53a-48 and 53a-103, two counts of criminal mischief in the first degree in violation of General Statutes § 53a-115, two counts of conspiracy to commit criminal mischief in the first degree in...
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August 26, 2008
The defendant, Cameron Mounds, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), possession of narcotics in violation of General Statutes § 21a-279 (a) and interfering with an officer in violation of General Statutes § 53a-167a. On appeal, the defendant claims that the trial court improperly (1) denied his motion to suppress and...
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August 26, 2008
The defendant, Ross V., appeals from the judgment of conviction, rendered after a jury trial, of two counts of sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (1) and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims that the trial court improperly (1) admitted constancy of accusation and impermissible hearsay evidence and (2) denied his motion for a continuance to obtain new...
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August 26, 2008
The respondent mother of Devaun J. appeals from the judgment of the trial court terminating her parental rights.1 The respondent claims that the court improperly: (1) failed to consider her statutory choice of a voluntary termination and open adoption; (2) determined that she had not achieved a sufficient degree of personal rehabilitation and that there was no ongoing parent-child relationship; and (3) considered certain witnesses as expert witnesses. The respondent also claims that the...
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August 26, 2008
This appeal arises out of a motion for modification of unallocated alimony and child support that was pending for almost three years, following the dissolution of marriage between the plaintiff, Alexander C. Cannon, and the defendant, Barbara M. Cannon. The defendant appeals from the postjudgment order of the court, modifying unallocated alimony and child support. Specifically, the defendant appeals from the court's ruling in its corrected memorandum of decision, in which it ordered the...
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August 26, 2008
The defendant, Troy D. Sulser, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes § 53a-54a (a). On appeal, the defendant claims that he is entitled to a new trial because several of the trial court's evidentiary rulings were improper as was its jury charge.1 We affirm the judgment of the trial court... The state's case consisted primarily of circumstantial evidence that the defendant had murdered the victim, his wife, Gina M....
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August 26, 2008
The defendant, Kenneth E. Fausel, appeals from the judgment of conviction rendered following his conditional plea of nolo contendere1 to possession of a controlled substance with intent to sell in violation of General Statutes § 21a-277 (b). The defendant claims that the trial court improperly denied his motion to suppress certain evidence seized from his house. We agree and, accordingly, reverse the judgment of the trial court... On June 30, 2006, the defendant filed a motion to suppress...
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August 26, 2008
The defendant, Deyse M. Huertas, appeals from the trial court's denial of her motion to open the judgment of strict foreclosure rendered in favor of the plaintiff, Argent Mortgage Company, LLC (Argent). The defendant claims, contrary to the conclusion of the trial court, that service of the foreclosure action at her home while she was incarcerated did not meet the abode service requirements of General Statutes § 52-57 (a)1 and, consequently, that the trial court lacked personal...
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August 26, 2008
The defendant, Arthur H., appeals from the trial court's judgment ordering that, for a period of ten years following his release from incarceration for his conviction of risk of injury to a child in violation of General Statutes § 53-21 (a) (1),2 he register in the state's sex offender registry pursuant to General Statutes § 54-254,3 a provision in the statutory scheme commonly known as "Megan's Law." He claims that the order constituted an abuse of discretion and requests...
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August 19, 2008
The petitioner, Michael Mitchell, appeals from the judgment of the habeas court denying his third amended petition for a writ of habeas corpus. On appeal, the petitioner contends that he is entitled to a reversal of his conviction and a new trial because of the ineffectiveness of the legal assistance he received from his trial counsel. Specifically, the petitioner claims that he was denied effective assistance because his trial counsel failed (1) to preserve sentence review rights, (2) to...
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August 19, 2008
In this breach of contract action, the defendant, Charles F. Brower, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiff, Lester Seligson.1 On appeal, the defendant claims that the court improperly determined (1) that the plaintiff had performed under the contract and was entitled to payment from the defendant in the amount of $1486.65 and (2) that the defendant could not prevail on his counterclaim alleging a violation of the Connecticut...
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August 19, 2008
The respondent mother appeals from the judgments of the trial court terminating her parental rights with respect to her minor children, Trevon, R and D.1 On appeal, the respondent claims that the trial court improperly concluded (1) that she had failed to achieve a sufficient degree of personal rehabilitation, (2) that the department of children and families (department) utilized reasonable efforts to reunify her with her children and (3) that the termination of her parental rights served the...
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August 19, 2008
The plaintiff, Steven Posick, appeals from the judgment of the trial court rendered after it granted the motion to dismiss for lack of aggrievement filed by the defendant Mark IV Construction Company, Inc.1 The plaintiff's sole claim on appeal2 is that it was clearly erroneous for the court to find that the plaintiff was not statutorily aggrieved under General Statutes § 8-8 (a) (1) because he owns an easement that is within 100 feet of the defendant's property.3 The defendant argues that...
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August 19, 2008
The respondent mother1 appeals from the judgments of the trial court sustaining orders of temporary custody of her two minor children in the petitioner, the commissioner of children and families. On appeal, she claims that the court improperly concluded that the orders of temporary custody should be sustained pursuant to General Statutes § 46b-129 (b).2 Because we conclude that the respondent's appeal is moot, we dismiss it... The record contains the following facts and procedural history....
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August 19, 2008
This case involves two separate certified appeals. First, the state appeals from the judgment of the Appellate Court reversing the conviction of the defendant, Carlos DeJesus, for kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A),1 claiming that the Appellate Court improperly concluded that the kidnapping statute is unconstitutionally void for vagueness.2 See State v. DeJesus, 91 Conn. App. 47, 83, 97-98, 880 A.2d 910 (2005). Second, the defendant appeals...
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August 19, 2008
In this workers' compensation appeal, we are presented with the question, which was raised but not decided in Lafayette v. General Dynamics Corp., 255 Conn. 762, 781, 770 A.2d 1 (2001), of whether the causation standard applied by a United States Department of Labor administrative law judge (administrative law judge) in a prior proceeding brought under the federal Longshore and Harbor Workers' Compensation Act (Longshore Act); 33 U.S.C. § 901 et seq.; is less stringent than the...
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August 19, 2008
The sole issue in this appeal is whether the trial court improperly admitted testimony by two constancy of accusation witnesses regarding the demeanor of a sexual assault victim at the time she reported the assault. The defendant, Curtis Burney, appeals from the judgment of conviction, rendered after a jury trial, of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), two counts of sexual assault in the second degree in violation of General...
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August 12, 2008
The plaintiff, Howard B. Sosin, appeals from the judgment of the trial court following a postdis-solution contempt proceeding initiated by his former wife, the defendant, Susan F. Sosin. The court ordered the plaintiff to pay the defendant $3,828,081, calculated as the unpaid portion of moneys awarded to the defendant in a modified judgment of dissolution, as well as postjudgment interest. The plaintiff claims that (1) the court's order that he pay the defendant $3,828,081 was improper because...
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August 12, 2008
The petitioner, Lamont Thergood, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, he claims that the court improperly determined that he had failed to demonstrate that he had been prejudiced by his counsel's failure to challenge adequately the state's contention that he knowingly and intelligently waived his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). We affirm the judgment of the habeas...
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August 12, 2008
To facilitate the state's parens patriae interest, the legislature has enacted a comprehensive scheme to protect children who are at risk due to their parents' inability or failure to provide for their well-being. See General Statutes § 17a-101; In re T.K., 105 Conn. App. 502, 503-504, 939 A.2d 9, cert. denied, 286 Conn. 914, 945 A.2d 976 (2008). The statutory scheme takes into consideration, however, the fundamental precept that "[p]arents have a constitutionally protected right to...
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